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2026 Supreme(Online)(Mad) 21254

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
S. Elanchezhiyan – Appellant
Versus
The Union Territory of Puducherry – Respondent
Criminal Revision Petition | Crl.RC.No.86 of 2026



Advocates:
For the Appellants/Petitioners: Mr.V.S.Senthilkumar
For the Respondent(s): Mr.M.V.Ramachandramurthy, Mr.C.R.Gokulvisvas

The court determined that disputes of a civil nature do not warrant criminal prosecution under Section 156(3) of the Cr.P.C.

Headnote:Statute Analysis: This judgment considers the application of Section 156(3) of the Cr.P.C. Facts of the Case: The petitioner, who is a tenant, claimed theft by certain persons and sought an FIR registration which was dismissed.

Findings of Court:
The dismissal was upheld as the dispute was determined to be civil in nature, thus inappropriate for criminal proceedings.

Issues: The court framed the question concerning the nature of the allegations made by the petitioner.

Ratio Decidendi: The court reasoned that pending civil matters negate the claims made in the FIR and maintain that an appropriate remedy lies in civil court.

Result: With the above observations, this Criminal Revision Case stands disposed of.

Table of Content
1. challenge to fir dismissal under section 156(3) of cr.p.c. (Para 1 , 2)
2. arguments regarding civil suit implications on criminal allegations. (Para 3 , 5)
3. final resolution of the criminal revision case. (Para 7)

ORDER

The revision challenges the dismissal of the petition filed under Section

156(3) of Cr.P.C., seeking registration of an FIR on the complaint given by the petitioner.

2. It is the case of the petitioner that he is in occupation of the disputed premises as a tenant from 11.09.2013; that he and the then landlord had certain disputes and he had filed a suit in O.S.No.2247 of 2018 on the file of the learned Principal District Munsif, Puducherry, and obtained a decree on 09.03.2021; and that on 25.04.2021, certain persons had illegally entered into the premises and committed theft of new tyres kept in the godown situated in the premises, as the petitioner runs a tyre business. Since the respondent police did not register the complaint, the petitioner sought a direction. The said petition was dismissed by the impugned order dated 18.11.2025.

3. The learned counsel for the petitioner would submit that though the petitioner had filed the application in the year 2021, there was no adjudication till recently; that taking advantage of the same, the respondents, who had in the meanwhile obtained a decree, cannot contend that no offence has been committed; and that the impugned order is therefore liable to be set aside. 4. The learned Public Prosecutor (Puducherry) for the first respondent would submit that the complaint of the petitioner was earlier enquired into and it was found that the allegations made by the petitioner were false, and that civil suits are pending between the parties and no cognizable offence has been made out.

5. The learned counsel for the second and third respondents/de facto complainants would submit that they filed a suit in O.S.No.2115 of 2021 for declaration of title and the said suit was decreed by judgment dated 29.07.2025; and that the above judgment confirms that the dispute is purely civil in nature and that the petitioner has made false allegations.

6. It is seen that though the petitioner had filed a petition under Section

156(3) of Cr.P.C. in the year 2021, the same was decided only on 18.11.2025.

Though such delay in disposal of the petition cannot be justified, it is seen that the proposed accused had, in the meanwhile, filed a suit and obtained a decree. The police have also filed a status report before the Trial Court stating that the allegations made by the petitioner are false. Therefore, this Court is of the view that the dispute is predominantly civil in nature and even if the petitioner claims that he has suffered loss, it is open to him to approach the Civil Court for appropriate remedy.

7. With the above observations, this Criminal Revision Case stands disposed of. 25-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cda To

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